Showing 1939 articles
Court Rejects Successive Habeas Corpus Petition on Same Detention Order Despite New Grounds: Kerala High Court
In a recent judgment dated February 20, 2024, the Kerala High Court, comprising the Honorable Mr. Justice A. Muhamed Mustaque and Mrs. Justice Shoba Annamma Eapen, dismissed a writ petition challenging a detention order under the Kerala Anti-Social Activities (Prevention) Act, 2007 (KAA(P)A). The case, W.P(CRL.) No.…
Registry Boundaries: Supreme Court Asserts It Shouldn't Exercise Judicial Functions in Curative Petitions
In a landmark ruling, the Supreme Court, with Senior Advocate Raju Ramachandran as the Amicus Curiae, heard the matter titled "M/s Brahmaputra Concrete Pipe Industries Etc. Etc. v. The Assam State Electricity Board and Others" involving a Curative Petition (Civil) Diary No. 23828/2020 and connected matters. Advocates…
Court Clarifies Limits under Section 125 of CrPC | Magistrate Can't Order Imprisonment For More Than 12 Months' Default In Maintenance In A Single Application: Bombay High Court
Maintenance Battle: Court Clarifies Limits under Section 125 of Cr.P.C. In a recent judgment, Justice Sharmila U. Deshmukh of the [Your High Court Name] addressed a crucial legal issue surrounding maintenance orders under Section 125 of the Criminal Procedure Code (Cr.P.C.). The judgment sheds light on the power of…
DGP Lacks Authority to Order Further Investigation, Especially by Transferring Probe Between Agencies: Madras High Court
In a recent judgment, Justice G.K. Ilanthiraiyan of the Madras High Court delivered a significant ruling in the case of S Lakshmipathy v The State and Others (Crl.O.P.No.7122 of 2023 & Rev.Apln.No.59 of 2023), shedding light on the powers of the court, investigating agencies, and the nuances of further investigation…
Payment Of Gratuity Act, Emphasizes Statutory Remedy of Appeal and Pre-Deposit Requirement: Jammu Kashmir High Court
In a significant ruling, the High Court of Jammu & Kashmir and Ladakh at Jammu addressed the matter of WP(C) No.1483/2020 involving The Cooperative Market Society Limited Bishnah, challenging multiple orders related to the Payment of Gratuity Act, 1972. Key Orders Challenged: 1. Order dated 21.10.2019, awarding…
Court Rejects Bail for Accused in POCSO Act Case, Cites Seriousness of Offense and Tampering Concerns: Gujarat High Court
In a recent judgment dated 22nd February 2024, the Gujarat High Court, in the matter of Arvindbhai @ Bhimo S/O Bhupatbhai vs. State of Gujarat & Anr., has denied regular bail to the accused. The case involves charges under Sections 376(2)(j), 376(2)(n), 376(3), and 506(2) of the Indian Penal Code, along with Sections…
Supreme Court Expands Right to Property: Right To Property Under Article 300A Available To A Person Who Isn't A Citizen Of India
In a landmark judgment delivered on February 22, 2024, the Supreme Court of India ruled on a case related to property taxes on assets classified as "enemy properties" under the Enemy Property Act, 1968. Background of the Case: The case involved a property located in Lucknow, Uttar Pradesh, governed by the Act of 1959.…
Supreme Court Asserts: One Bench of High Court Cannot Cancel Bail Granted by Another Bench
In a significant judgment delivered on February 20, 2024, the Supreme Court of India addressed a case involving the cancellation of bail in a cyber crime matter. The case, bearing the title Himanshu Sharma vs. State of Madhya Pradesh, came before the Criminal Appellate Jurisdiction of the Supreme Court. Key…
Court Rejects Habeas Corpus Plea for Minor Son's Custody, Finds No Exceptional Circumstances: Rajasthan High Court
In a recent judgment by the High Court of Judicature for Rajasthan at Jodhpur, a crucial ruling has been made in a Habeas Corpus case under the Hindu Minority & Guardianship Act. The case, titled D.B. Habeas Corpus Petition No. 376/2023, sheds light on the complexities of child custody after the demise of a parent.…
Non-Disclosure of Criminal Antecedent in Recruitment Not Always Fatal: Supreme Court Lays Down Guiding Principles to Avoid Arbitrariness
In a groundbreaking verdict, the honorable court, led by Justice J.K. Maheshwari, delivered a pivotal judgment on the employment verification process. The case, bearing Civil Appeal No. 5902/2012, revolved around the selection of candidates for government jobs, focusing on the disclosure of criminal cases and the…
